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PAG LIN 1 1 Section 1. Section 455B.171, subsection 7, Code 1997, is 1 2 amended to read as follows: 1 3 7. "Disposal system" means a system for disposing of 1 4 sewage, industrial waste,andor other wastesand, or for the 1 5 use or disposal of sewage sludge. "Disposal system" includes 1 6 sewer systems, treatment works, point sources,anddispersal 1 7 systems, and any systems designed for the usage or disposal of 1 8 sewage sludge. 1 9 Sec. 2. Section 455B.171, Code 1997, is amended by adding 1 10 the following new subsections: 1 11 NEW SUBSECTION. 25A. "Septage" means the liquid and solid 1 12 material pumped from a septic tank, cesspool, or similar 1 13 domestic sewage treatment system, or from a holding tank, when 1 14 the system is cleaned or maintained. 1 15 NEW SUBSECTION. 26A. "Sewage sludge" means any solid, 1 16 semisolid, or liquid residue removed during the treatment of 1 17 municipal waste water or domestic sewage. "Sewage sludge" 1 18 includes, but is not limited to, solids removed during 1 19 primary, secondary, or advanced waste water treatment, scum 1 20 septage, portable toilet pumpings, type III marine device 1 21 pumpings as defined in 33 C.F.R. part 159, and sewage sludge 1 22 products. "Sewage sludge" does not include grit, screenings, 1 23 or ash generated during the incineration of sewage sludge. 1 24 Sec. 3. Section 455B.174, subsection 4, paragraph a, 1 25 unnumbered paragraph 1, Code 1997, is amended to read as 1 26 follows: 1 27 Approve or disapprove the plans and specifications for the 1 28 construction of disposal systems or public water supply 1 29 systems except for those sewer extensions and water supply 1 30 distribution system extensions which are reviewed by a city or 1 31 county public works department as set forth in section 1 32 455B.183. The director shall issue, revoke, suspend, modify, 1 33 or deny permits for the operation, installation, construction, 1 34 addition to, or modification of any disposal system or public 1 35 water supply system except for sewer extensions and water 2 1 supply distribution system extensions which are reviewed by a 2 2 city or county public works department as set forth in section 2 3 455B.183. The director shall also issue, revoke, suspend, 2 4 modify, or deny permits for the discharge of any pollutant, or 2 5 for the use or disposal of sewage sludge. The permits shall 2 6 contain conditions and schedules of compliance as necessary to 2 7 meet the requirements of this part of this division, the 2 8 federal Water Pollution Control Act and the federal Safe 2 9 Drinking Water Act. A permit issued under this chapter for 2 10 the use or disposal of sewage sludge is in addition to and 2 11 must contain references to any other permits required under 2 12 this chapter. The director shall not issue or renew a permit 2 13 to a disposal system or a public water supply system which is 2 14 not viable. If the director has reasonable grounds to believe 2 15 that a disposal system or public water supply system is not 2 16 viable, the department may require the system to submit a 2 17 business plan as a means of determining viability. This plan 2 18 shall include the following components: 2 19 Sec. 4. Section 455B.183, subsection 1, Code 1997, is 2 20 amended to read as follows: 2 21 1. The construction, installation, or modification of any 2 22 disposal system or public water supply system or part thereof 2 23 or any extension or addition thereto except those sewer 2 24 extensions and water supply distribution system extensions 2 25 that are subject to review and approval by a city or county 2 26 public works department pursuant to this section, the use or 2 27 disposal of sewage sludge, and private sewage disposal 2 28 systems. A permit shall be issued for the construction, 2 29 installation, or modification of a public water supply system 2 30 or part of a system if a qualified, registered engineer 2 31 certifies to the department that the plans for the system or 2 32 part of the system meet the requirements of state and federal 2 33 law or regulations. The permit shall state that approval is 2 34 based only upon the engineer's certification that the system's 2 35 design meets the requirements of all applicable state and 3 1 federal laws and regulations and the review of the department 3 2 shall be advisory. 3 3 Sec. 5. Section 455B.183, subsection 3, unnumbered 3 4 paragraph 1, Code 1997, is amended to read as follows: 3 5 The operation of any waste disposal system or public water 3 6 supply system or any part of or extension or addition to the 3 7 system. This provision does not apply to a pretreatment 3 8 system the effluent of which is to be discharged directly to 3 9 another disposal system for final treatment and disposal, a 3 10semi-publicsemipublic sewage disposal system, the 3 11 construction of which has been approved by the department and 3 12 which does not discharge into water of the state or a private 3 13 sewage disposal system which does not discharge into a water 3 14 of the state. Sludge from a semipublic or private sewage 3 15 disposal system shall be disposed of in accordance with the 3 16 rules adopted by the department pursuant to chapter 17A. The 3 17 exemption of this paragraph shall not apply to any industrial 3 18 waste discharges. 3 19 Sec. 6. Section 455B.304, subsection 2, Code 1997, is 3 20 amended to read as follows: 3 21 2. The commission shall adopt rules that allow the use of 3 22 wet or dry sludge from publicly owned treatment works for land 3 23 application. A sale of wet or dry sludge for the purpose of 3 24 land application shall be accompanied by a written agreement 3 25 signed by both parties which contains a general analysis of 3 26 the contents of the sludge. The heavy metal content of the 3 27 sludge shall not exceed that allowed by rules of the 3 28 commission. An owner of a publicly owned treatment works 3 29 which sells wet or dry sludgeis not subject to criminal3 30liability for acts or omissions in connection with a sale, and3 31 is not subject to any action by the purchaser to recover 3 32 damages for harm to person or property caused by sludge that 3 33 is delivered pursuant to a sale unless it is a result of a 3 34 violation of the written agreement or if the heavy metal 3 35 content of the sludge exceeds that allowed by rules of the 4 1 commission. Nothing in this section shall provide immunity to 4 2 any person from action by the department pursuant to section 4 3 455B.307. The rulespromulgatedadopted under this subsection 4 4 shall be generally consistent with those rules of the 4 5 department existing on January 1, 1982, regarding the land 4 6 application of municipal sewage sludge except that they may 4 7 provide for different methods of application for wet sludge 4 8 and dry sludge. 4 9 EXPLANATION 4 10 This bill amends sections of the Code dealing with water 4 11 quality and solid waste disposal. Specifically the bill 4 12 relates to the regulation of the use and disposal of sewage 4 13 sludge. 4 14 Definitions of "septage" and "sewage sludge" are added to 4 15 the list of definitions in Code section 455B.171. Also, a 4 16 system used for the use and disposal of sewage sludge is added 4 17 to the existing definition of "disposal system". 4 18 The bill authorizes the director of the department to 4 19 issue, revoke, suspend, modify, or deny permits for the use or 4 20 disposal of sewage sludge. Such a permit is in addition to 4 21 and must contain reference to any other permits required under 4 22 chapter 455B. 4 23 The bill adds the use or disposal of sewage sludge to the 4 24 list of unlawful activities which require a written permit 4 25 before the activity can be undertaken. 4 26 Current law requires a written permit for the operation of 4 27 any waste disposal system or public water supply system or any 4 28 part of or extension or addition to the system. Current law 4 29 contains an exemption to this permit requirement for both a 4 30 semipublic sewage disposal system, the construction of which 4 31 has been approved by the department and which does not 4 32 discharge into a water of the state and a private sewage 4 33 disposal system which does not discharge into a water of the 4 34 state. The bill requires that disposal of sewage from these 4 35 two types of systems will be done in accordance with rules 5 1 adopted by the department pursuant to chapter 17A. 5 2 The bill amends section 455B.304 to allow for criminal 5 3 liability for acts or omissions involved in the sale of sludge 5 4 by the owner of a publicly owned treatment works. The bill 5 5 also adds the use or disposal of sewage sludge without a 5 6 permit to the list of prohibited actions in section 455B.186. 5 7 The prohibited acts listed in section 455B.186 can be subject 5 8 to the penalties defined in section 455B.191. 5 9 LSB 1278DP 77 5 10 tm/jj/8
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